Escondido K-8 disrict moves to change elections

ESCONDIDO  The Escondido Union School District board agreed to start a transition that would change trustee elections, a response to lawsuits filed against school districts around the state alleging violations of the California Voting Rights Act.

The board of the K-8 district unanimously approved a resolution Thursday night to start the process of electing trustees by area, instead of districtwide, after some small but pointed wording changes to the document by board President Linda Woods.

The city’s high school district took a similar step earlier this month. Vista Unified agreed to voter districts and is farther along in the process. Vista trustees approved a boundary map Oct. 6.

Area trustee elections could begin in November 2012. Current board members would be allowed to serve out their terms.

The district’s next steps will be to work with a demographer and attorney Peter Fagen, who is advising the district on the issue, to draw suggested trustee-area boundary maps and hold public forums for input.

The board hired National Demographics Corp. to study whether racially polarized voting existed in Escondido Union school board elections. School board seats do not represent specific geographic areas. Trustees are elected at-large, meaning all voters within the district’s boundaries can vote for any candidate.

The California Voting Rights Act of 2002 says that an at-large election system may be challenged if analysis shows minority representation is restricted. Lawsuits have been filed by two attorneys who helped craft the law.

Trustees will seek a waiver to avoid an expensive election and to speed up the process. The decision to change the way trustees are elected would not go before voters.

Wording changes approved in the resolution included removing a statement that indicated it was the board’s opinion that the public “will be better served” by trustee-area elections. Also, Woods wanted to make the resolution clear that the board’s desire is to reduce any potential legal liability related to the Voting Rights Act and protect district finances.

Trustee Joan Gardner said she was conflicted on the issue, particularly taking away decision-making power from the voters.

“Saying you may now only vote for one (trustee), that’s a momentous step,” Gardner said. “To protect the interests of the district it must be done, but I don’t feel good about it.”

Trustee Marv Gilbert, concerned about the waiver, asked Fagen whether the district still could face a Voting Rights Act lawsuit if it did hold an election and voters rejected a change to area elections. Fagen said yes.

Woods said she hopes that any future school board candidates recognize that although they are elected by a smaller group of voters, they are responsible for representing all children in the district.

Trustee Marty Hranek, the newest member of the board, expressed no qualms about the decision.

“I believe in the Voting Rights Act and I believe it can only have a positive impact on the district,” he said. “Resisting it only sets us back.”